Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I agree that educational welfare is an important aspect of the work of the new agency. In this regard, I refer the Senator to section 72(2) of the Bill which states:

The functions vested in the National Educational Welfare Board by or under section 10(1) of the Education (Welfare) Act 2000 shall, on the establishment day, stand transferred to the Agency.

Regarding the functions of the National Educational Welfare Board, section 10(1) of the 2000 Act states: "The general function of the Board shall be to ensure that each child attends a recognised school or otherwise receives a certain minimum education..." Section 8(1)(a) of the Bill before us today specifies that a function of the new agency will be to perform the functions transferred to it under section 72. There cannot be, therefore, the slightest doubt that educational welfare is entirely captured within the functions and role of the agency by virtue of its assumption of the remit of the National Educational Welfare Board as set out in the relevant legislation.

Moreover, the inclusion of the words "development" and welfare" in section 8(1)(b) effectively encompasses the issue of educational welfare. In fact, if we were to narrow the provision down by specifying "educational welfare", we might end up restricting the broad focus of the section, which is about the development, welfare and protection of children. That broad formulation is in line with the child care legislation. I made the point in the Dáil that educational welfare is also a function for teachers, schools, the National Educational Psychological Service and so on. In giving careful consideration to this amendment I was wary of any suggestion that educational welfare would be solely the remit of the new agency, because that is not the case. The provisions and functions set out in the Bill will not diminish in any way the role previously carried out by the National Educational Welfare Board, in conjunction with schools, under the Education (Welfare) Act 2000. All of those functions are being transferred to the new agency.